13.1 Unless otherwise stated in writing, all quoted prices are for delivery at the place specified in the quotation (if any) and are payable without discount or allowance.

13.2 The Purchaser shall pay to the Seller in addition to the quoted or list price:-

(a) all packaging costs;

(b) all taxes, duties and charges whatsoever imposed by any government or other authority and payable in respect or by reason of the sale or delivery of the

goods or any part thereof whether or not the same were payable at the date of the quotation or order and including (without prejudice to the generality of the

foregoing) charges for import, export or currency licenses, sales, consumption, turnover or purchase taxes and duties of customs and excise;

(c) the amount of any increase in the cost of the Seller of supplying or delivering the Goods or any part thereof occurring after the date of quotation or order for

any reason whatsoever including (without prejudice to the generality of the foregoing) changes in Manufacturer’s prices, rates of exchange, landing charges

and port dues and the cost of carriage, insurance and handling;

(d) any increase in the cost to the Seller arising from delivery of the Goods to a place at a time or in a manner other than that specified in the quotation or order

resulting from any request made by the Purchaser or any other reason whatsoever beyond the control of the Seller;

(e) any excess over the amount allowed by the Seller in quoting the price actually incurred by the Seller in respect of freight and insurance or port dues or

handling charges at any port to which the Goods are to be shipped which is not regularly served without trans-shipment by a line of steamers; and

(f) any excess over the amount allowed by the Seller in quoting the price for supplying or delivering the Goods where such excess results from any error or

omission on the part of the Seller, its servants or agents affecting the price or its calculation.

13.3 The purchase price shall be paid by the Purchaser to the Seller in full within seven (7) days of the delivery notification and the Purchaser shall not be entitled to

withhold payment or make any deduction from the price in respect of any set-off or counter-claim.

13.4 If the Purchaser fails to pay the purchase price or any other expenses required under Clause 13.3 as aforesaid, the Seller shall be entitled (without prejudice to

any other right hereunder):-

(a) to charge interest thereon from the date when due until payment at the rate of two per centum (2%) above the maximum overdraft rate of the Seller’s

bankers for the time being in force; and

(b) to give the Purchaser written notice that the Seller intends to retake possession of the Goods and to resell the Goods within a stated period being not less

than seven (7) days. If the Purchaser fails within that period to pay the purchase price (and interest thereon) the Seller shall be entitled to retake possession

of the Goods (and for that purpose the Purchaser irrevocably licenses the Seller to enter upon any premises where the Goods may be situated for the

purposes of removing the Goods and the Purchaser indemnifies the Seller against any action claim or demand arising out of any act lawfully done by the

Seller in the exercise of its powers hereunder) and to resell the Goods and shall be released from all obligations under the Contract and the Purchaser shall

pay to the Seller – (i) charges for and incidental to the storage and handling of the Goods until their delivery under the resale; (ii) interest on the purchase

price of the Goods from the date when due until payment upon their resale at the rate of two per centum (2%) above the maximum overdraft rate of the

Seller’s bankers for the time being in force; (iii) the amount, if any, by which the purchase price on resale is less than the purchase price hereunder; (iv) the

balance of any expenses incurred by the Seller in making delivery under resale of the Goods over and above normal delivery expenses incurred by the Seller

on such delivery; and (v) the Seller’s gross profit on the sale to the Purchaser who acknowledges that the resale has deprived the Seller of a probable

customer for other like goods.

EXCLUSION OF CONSEQUENTIAL LIABILITY

(a) Subject only to terms implied by the Trade Practices Act or rights of action created thereunder which cannot be excluded or modified, the Seller shall not be

responsible or liable for damage, injury or loss of any kind whatsoever, to any property or persons howsoever caused arising from the Goods whether such loss

arises directly or indirectly.

(b) The Purchaser shall indemnify and hold harmless the Seller for any loss or damage caused by the Seller, its agents, sub-contractors, or employees in removing

the Goods in accordance with Clause 13.4 unless such loss or damage was caused by the negligence of the Seller, its agents, sub-contractors or employees.

INTELLECTUAL PROPERTY

(a) If the Purchaser provides to the Company specifications, designs, plans, descriptions, prototypes, samples, tooling or components for or in relation to the Goods or

their manufacture or delivery, the Purchaser shall indemnify the Seller against any claims, actions, demands, costs, damages or expenses arising from or incurred

by reason of any infringement or alleged infringement of any registered or unregistered patent, design or trade mark or name, or any copyright, rights in respect of

confidential information or other protected or proprietary rights arising from the supply or use of such specifications, designs, plans, description, prototype,

samples, tooling or components. The Seller shall not be required to defend any action, claim or demand or to contest any costs or expenses covered by this

indemnity before it shall be entitled to the benefit of this indemnity.

(b) The copyright, patent rights, design rights and all other intellectual property rights in respect to or contained within the Goods or in any drawing, plan prototype or

specification in relation to the Goods or their manufacture which have been developed by or on behalf of the Seller shall remain the property of the Seller and no

transfer to the Purchaser of any such rights is included in the price paid or agreed to be paid whether or not such price includes an amount for designing or

producing the Goods. All such items and all documents, information, systems and know-how provided to or disclosed to the Purchaser by the Seller and marked or

described as “Confidential” or “Commercial in Confidence” shall be treated as confidential by the Purchaser and the Purchaser shall not loan, copy, use, dispose of

or sell such items, documents, information, systems or know-how without the prior written consent of the Seller.

LICENSES – If it is necessary for the lawful fulfilment of the Contract:-

(a) for the Purchaser to hold or obtain any import, export, currency or other license, consent or authority (“license”), the Purchaser shall be obliged to obtain the

license; or

(b) for the Seller to hold or obtain any such license, the Seller shall apply for it but if it is refused, this Contract shall forthwith come to an end and neither the Seller nor

the Purchaser shall be under any liability in respect thereof.

APPLICABLE LAWS – The Contract is made in the State of Australia where the relevant order was accepted and the parties agree to submit all disputes arising

between them to the courts of such state at any court competent to hear appeals therefrom.

TERMINATION – IF:

(a) the Purchaser makes default or commits a breach of contract; or

(b) any distress or execution is levied upon the Purchaser’s property or assets; or

(c) the Purchaser makes or offers to make any arrangement or composition with creditors or commits any act of bankruptcy, or if any petition or order in bankruptcy is

presented or made against him; or

(d) where the Purchaser is a limited company and any resolution or petition to wind up the company’s business (other than for the purpose of reconstruction) is

passed or Presented; or

(e) a receiver or any provisional liquidator or official manager of such company’s undertaking, property or assets or any part thereof is appointed,

the Seller shall have the right forthwith to terminate the Contract by written notice posted to the Purchaser’s last known address without prejudice to any claim or right

the Seller may otherwise have, make or exercise against the Purchaser or otherwise in respect of the Contract.

NO WAIVER – No failure to exercise and no delay in exercising any right, power or remedy under these terms will operate as a waiver. Nor will any single or partial

exercise of any other right, power or remedy preclude any other or further exercise of that or any other right, power or remedy.

SEVERABILITY – Any provision of any of these terms which is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the

prohibition or unenforceability. That does not invalidate the remaining provisions of these terms nor effect the validity or enforceability of that provision in any other

jurisdiction.

COSTS AND EXPENSES – Any legal costs, stamp duties or any other expenses whatsoever incurred by the Seller in respect of the application, agreements,

guarantees, securities or other documentation required by the Seller or other costs reasonably incurred by the Seller in consequence of this application and any other

expenses incurred in respect of opening and maintaining any account in the name of the applicant together with any debt collection costs, dishonoured cheque(s) fees,

legal costs, whether charged on scale or on any other basis incurred, shall be paid by the applicant on demand.

WARRANTY DETAILS

All parts come with 12 months warranty excluding major components with a retail value over $10,000 AUD. These items come with a 6 month warranty.

Items must be returned to Source My Parts to activate warranty process.

If item is not returned within 2 weeks, the warranty will become void and customer will be invoiced for additional item.

About

An innovative earthmoving parts business based in Bayswater, Western Australia. We provide high quality, genuine and OEM replacement spare parts for the Volvo, Doosan, Hyundai and Bomag Construction Equipment Range.

DISCLAIMER:

"These web pages use brand names solely for reference purposes. No affiliation exists between Source My Parts Pty Ltd and any manufacturers mentioned on these web pages. Use of any trademarks or other proprietary designations should not be construed as indicating sponsorship or official approval by any of the manufacturers mentioned on these web pages"